
Here at the White Hatter, we provide training to Federal and Provincial government employees and corporate clients on the topics of digital literacy, internet safety, security, and privacy. One of the subcategories that we speak to in our presentations, under the “privacy” heading, includes issues surrounding the use of technology both on and off the job, and some of the criminal, civil, and internal consequences/liabilities associated.
One of the privacy breaches we see time and time again, including recently, is when government employees share internal emails and memos with family members, friends, and others outside of government, who then post them publicly online. Here’s what is important to understand!
As a Government of Canada employee, you can be disciplined for distributing or publishing a government email or memo that was not meant for public viewing. This could be considered a breach of the “Values and Ethics Code for the Public Sector”, which outlines confidentiality. (1) Some possible consequences:
- Breach of Confidentiality – Canadian government employees are obligated to keep government communications confidential. Unauthorized disclosure could lead to disciplinary action.
- Violation of the Duty of Loyalty – Employees must act in a way that upholds public trust in government operations. Leaking internal communications may be seen as undermining the government.
- Disciplinary Actions – Consequences can range from a reprimand to suspension or even termination, depending on the severity of the breach.
- Legal Repercussions – If the information is protected under laws like the Security of Information Act, the employee could face legal penalties.
It is also important to know that “whistleblower” protections exist under thePublic Servants Disclosure Protection Act (PSDPA), as long as thedisclosure is made in good faith and concerns wrongdoing, such as corruption or abuse of power. (2) However, leaking general internal communications without following proper channels could still result in disciplinary measures.
For those outside of government who post these emails or memo’s publicly online via their social media platforms or website, without the informed consent of the author of said email or memo (not just the person who sent a copy to you), even if partially redacted, you could now face Copyright violation liability,
Forewarned is forearmed!
Digital Food For Thought
The White Hatter
Facts Not Fear, Facts Not Emotions, Enlighten Not Frighten, Know Tech Not No Tech
References
1/ https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=25049
2/ https://laws-lois.justice.gc.ca/eng/acts/p-31.9/page-1.html#h-402961